Archives

(Continued from Thursday January 23)

by A. M. Sameem

In the meantime frustrated with the governments' attitude and the failure of their leaders the Tamil leadership was slowly passing into hands of militants who strongly felt that their demands could be only through taking to arms.

Negotiations for devolution of power between the two protagonists the government and the political parties took a violent turn with the outbreak of the 1983 riots. The riots marks a watershed in the Sinhalese - Tamil relationship. Tamils in all parts of the country with the exception of the North and the East were attacked by the Sinhalese mobs. The Tamils were sought out and killed, with their houses and business establishment were either burnt or destroyed.

And almost all the Tamils living in Sinhala dominated areas were made destitute overnight and they went back to their homes in Jaffna and Batticaloa as refugees. The die was cast. There was no going back. The Tamil demand for greater autonomy became more vociferous. The TULF abandoned its support for District Development Councils and presented a demand for Provincial Council system with the North and the East constituting a single provincial system.

To arrive at a solution, talks between the government and the Tamil representatives were held in Thimpu in 1984 and in New Delhi in 1985 with the Government of India mediating. At the Thimpu talks the Tamils submitted four principles, to be the basis for future negotiations, which came to be known as the Thimpu principles, which the Jayewardene government rejected. Thus the Thimpu talks ended in utter failure it failed to achieve anything.

But the subsequent talks held in New Delhi in August 1985 the Sri Lankan Government under pressure from India, accepted the concept of provincial councils but refused a permanent merger of Northern and the Eastern provinces.

In the meantime the LTTE becomes the dominant political force among the Tamils. By annihilating the other Tamil militant movements, the LTTE becomes the dominant political force among the Tamils. By annihilating the other Tamil militant movements, the LTTE becomes the undisputed militant force with the demand for a separate Tamil state.

The next land mark in these negotiations is the signing of the Indo-Sri Lankan Peace Accord which among other this a facilitated a temporary merger of the Northern and the Eastern Provinces.

The accord was supported by most of the Tamil parties. There was a secret agreements between the two Prime Minister's of India and Sri Lanka, that the Indian army would be brought into curtail the activities of the LTTE. The introduction of the Indian Peace Keeping Force resulted in violent.

Opposition. The main opposition party the SLFP and even the Prime Minister and some cabinet colleagues and party members reacted vehemently against this move by the President. This provided the militant JVP to once again embark on a policy of violence. The JVP's hitherto sporadic violence against persons and prosperity increased in a concerted bid at intimidating all parties supporting the accord and candidates seeking election to the provincial councils. For the next 15 months the JVP unleashed its violence on innocent people. A cabinet minister and a district minister were killed and more than 1,000 UNP candidates were murdered and several MPs narrowly escaped death.

The 13th Amendment to the Constitution making provisions for the establishment of a system of Provincial Councils by far the most controversial part of the program was passed in Parliament in November 1987.

This amendment raised Tamil to the level of an official language along with Sinhalese with English declared as a Link Language, English gained recognition as a semi official language. The provisions of the 13th Amendment dealing with language was classified and consolidated in the 16th Amendment which was certified on 17th of December 1988. In September 1988 President Jayewardene officially announced a merger of the Northern and the Eastern Provinces within a single North Eastern Province.

In mid November 1988 elections were held for seats in the Provincial Council resulting in the emergence of a new political party, the Sri Lanka Muslim Congress.

The Sri Lanka Muslim Congress came as a representative for the Muslims especially for the East and which was to play a important role in the formation of Governments in the future.

The EPRLF won the elections and formed the provincial government. The IPKF played a very important role in the decisive victory of the EPRLF. The LTTE and the TULF boycotted the elections.

From the beginning the EPRLF was seen as a puppet of the Indian government under the influence of the IPKF. Although the 13th Amendment made provisions for regional autonomy the central government held the strings. The EPRLF administration collapsed when the EPRLF leader Varadaraja Perumal unilaterally declared independence from the Sri Lankan government.

In 1988, Jayewardene retired from politics and the new president elected vowed to get rid of the IPKF. The JVP violence had increased tremendously and there was a feeling of insecurity throughout the country. JVP's terrorism brought the administration to a grinding halt. Economic and the social activities of the people came to a standstill. President Premadasa saw the early departure of the IPKF as essential to the restoration of political stability in the country. The IPKF was finally withdrawn in April 1991 that resulted in the resumption of fierce clashes between the LTTE and the government forces.

Once again negotiations were started between the Premadasa administration and the LTTE from April 1989 to 1990. Due to the uncompromising attitude taken by both parties negotiations failed once again.

The LTTE resumed its attacks on the security forces and on civilian targets in the Sinhala areas. The assassination of Rajiv Gandhi in May 1991 brought an end to the Indian participation in the peace process. The Government was now faced with a more experienced battle hardened LTTE fighting force and hence the negotiations.

The Premadasa government began another set of negotiations with the parties represented in the Parliament and this time with all Tamil representatives. A select committee was formed under the chairmanship of Mangala Moonesinghe an SLFP MP. The Moonesinghe committee recommended the removal of the 'Concurrent List of Powers' of the courts and the transfer these powers to the Provincial Councils thereby strengthening the autonomy of the Provincial Councils (PC).

The Tamil demand of the merger of the Northern and the Eastern provinces was vehemently opposed by both the UNP and the SLFP. However both parties agreed for administrative arrangements for representatives of both councils to meet together and discuss problems of common interest.

The People's Alliance won a clear victory in the general elections of 1994 campaigning for peace and Chandrika Kumaratunga emerged as a peace candidate. The Tamil parties yearning for peace actively supported the PA and the PA candidate for President in November 1994.

The LTTE also took the opportunity to proclaim its support for a negotiated peace. Once again negotiations started and this one too collapsed in 1995. The PA delegation for talks did not contain any politician who had any knowledge of previous discussions with the LTTE.

The PA made proposals for constitutional reforms. The bottom line of these reforms was that a federal structure in which most of the powers were to be with the provinces. These proposals also underlined a linkage between the Northern and the Eastern Provinces. These proposals defined the minimum the Tamil parties and the LTTE will accept and the maximum the Sri Lankan Govt. will concede.

The following are the salient points in the proposals for reforms made by the PA in 1995.

1. The regional parties will have the power of taxation in specified areas.

2. The Regional Councils will have the power to borrow and set up their own financial institutions.

International borrowing above a prescribed limit will require the concurrence of the courts.

3. Regional Councils may regulate and promote foreign direct investment international grants and development assistance subject to conditions specified by the centre.

4. There will be regional police force headed by a Regional Police Commissioner appointed by the Chief Minister and there will be a Regional Police Commissioner.

5. Land will be a devolved subject and state land within a region will be vested in the Regional Councils.

6. Priority in the future land settlement schemes will be given to persons first of the district and then of the region.

7. There will be a Regional Judicial Service Commission and a High Court in every region.

8. There will be a Regional Attorney General.

9. There will be a Regional Public service Commission and it will be responsible for the recruitment, transfer, disciplinary control and dismissals of all persons employed seconded by Regional Councils.

10. The Council will appoint special committees such as the Economic Affairs Committee, Infra Structure Committee.

The PA Government incorporated all these provisions in a Draft Bill in the Year 2000.

The Bill proposed in addition to other matters a Regional Council for N/E or separately for the North and the East.

A Governor with executive power to be appointed by the President. Ministers of Regional Council should exercise power in consultation with the Executive Committee, State Land to be vested in the Centre and the Regions, the Establishment of a National Land Council and the Establishment of Regional High Courts.

www.ceylincoproperties.com

www.ppilk.com

www.crescat.com

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries

Produced by Lake House
Copyright © 2003 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager